BAILII: Recent Decisions

Posted November 6th, 2024 in Uncategorized by sally

High Court (Chancery Division)

Ballard & Ors v Buzzard [2024] EWHC 2765 (Ch) (04 November 2024)

Nardelli & Ors v Richardson & Anor [2024] EWHC 2740 (Ch) (04 November 2024)

Blower v GH Canfields LLP [2024] EWHC 2763 (Ch) (04 November 2024)

Maxima Creditor Resolutions Ltd v Fealy & Anor [2024] EWHC 2694 (Ch) (01 November 2024)

Wythe & Ors v Zavos [2024] EWHC 2784 (Ch) (01 November 2024)

Abrey v Abrey & Ors [2024] EWHC 2689 (Ch) (31 October 2024)

Thomas v Southwark Council [2024] EWHC 2739 (Ch) (31 October 2024)

Ponsford & Anor v Sali & Anor [2024] EWHC 2748 (Ch) (31 October 2024)

Shorts International Ltd v Google LLC [2024] EWHC 2738 (Ch) (31 October 2024)

Barclays Bank PLC v Dylan & Ors [2024] EWHC 2776 (Ch) (30 October 2024)

Kagbara & Ors v Leigh Day Solicitors (A Firm) [2024] EWHC 2759 (Ch) (30 October 2024)

Rollerteam Ltd v Riley & Anor [2024] EWHC 2736 (Ch) (30 October 2024)

Lloyds Bank PLC v Mealham & Anor [2024] EWHC 2737 (Ch) (29 October 2024)

SP Commodities Ltd, Re [2024] EWHC 2747 (Ch) (29 October 2024)

Light SA, Re [2024] EWHC 2733 (Ch) (28 October 2024)

High Court (King’s Bench Division)

Thurrock Council & Anor v Adams & Ors [2024] EWHC 2750 (KB) (30 October 2024)

Farnham v East of England Ambulance Service (Re COVID Healthcare Workers Litigation – preliminary case management) [2024] EWHC 2712 (KB) (29 October 2024)

Pacini & Anor v Dow Jones & Company Inc [2024] EWHC 2714 (KB) (29 October 2024)

Duke v Moores & Ors [2024] EWHC 2746 (KB) (29 October 2024)

Lowry Trading Ltd & Anor v Musicalize Ltd & Ors [2024] EWHC 2653 (KB) (28 October 2024)

HM Solicitor General v Yaxley-Lennon (aka Tommy Robinson) [2024] EWHC 2732 (KB) (28 October 2024)

M & S Restorations Ltd v Banco Santander Totta SA [& Ors [2024] EWHC 2724 (KB) (28 October 2024)

Souurce: www.bailii.org

Trainee PC who made rape joke banned from police – BBC News

Posted November 5th, 2024 in disciplinary procedures, news, police, professional conduct, rape, women by sally

‘A trainee police officer who joked about raping a colleague has been told he would have been sacked had he not already resigned.’

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BBC News, 5th November 2024

Source: www.bbc.co.uk

Employment Rights Bill: An Overview – 12 King’s Bench Walk

Posted November 5th, 2024 in bills, chambers articles, employment, news by sally

‘The Employment Rights Bill, introduced to Parliament on 10 October 2024, is said to be the first phase of delivering Labour’s 2Plan to Make Work Pay” and follows the Government’s manifesto commitment to introduce (draft) legislation within the first 100 days of coming to office.’

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12 King’s Bench Walk, 4th November 2024

Source: 12kbwemploymentlaw.wordpress.com

AK on Shipping, Monthly, Issue 8 – 4-5 Gray’s Inn Square

Posted November 5th, 2024 in chambers articles, contracts, duty of care, news, shipping law, ships, theft by sally

‘This month’s issue reviews the summaries of two cases decided in May 2024: (i) MUR Shipping BV v RTI Ltd [2024] UKSC 18 and (ii) Great Lakes Reinsurance (UK) Plc v RAV Bahamas Ltd [2024] UKPC 11.’

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4-5 Gray’s Inn Square, 4th November 2024

Source: www.4-5.co.uk

BAILII: Recent Decisions

Posted November 5th, 2024 in law reports by sally

Supreme Court

JR222, Re Application for Judicial Review (Northern Ireland) [2024] UKSC 35 (30 October 2024)

Court of Appeal (Civil Division)

Malik v Malik [2024] EWCA Civ 1323 (04 November 2024)

AMS Ameropa Marketing and Sales AG & Anor v Ocean Unity Navigation Inc (Re ‘Doric Valour’) [2024] EWCA Civ 1312 (01 November 2024)

Meta Platforms Inc & Ors v Gormsen [2024] EWCA Civ 1322 (01 November 2024)

R (Child Abduction: Parent’s Refusal to Accompany) (Rev1) [2024] EWCA Civ 1296 (30 October 2024)

R & C (Adoption or Fostering) [2024] EWCA Civ 1302 (30 October 2024)

M (Children: Findings of Fact) [2024] EWCA Civ 1290 (29 October 2024)

Parsdome Holdings Ltd v Plastic Energy Global SL [2024] EWCA Civ 1293 (29 October 2024)

Haycocks v ADP RPO UK Ltd [2024] EWCA Civ 1291 (29 October 2024)

Court of Appeal (Criminal Division)

Hanna & Anor v Rex [2024] EWCA Crim 1315 (04 November 2024)

AEB & Ors, R. v [2024] EWCA Crim 1320 (01 November 2024)

High Court (Administrative Court)

Veres v Pecs Regional Court Hungary [2024] EWHC 2790 (Admin) (04 November 2024)

Director General of the Independent Office for Police Conduct, R (On the Application Of) v Police Misconduct Panel [2024] EWHC 2796 (Admin) (04 November 2024)

Jipa v Hunedoara County Court (Romania) [2024] EWHC 2785 (Admin) (01 November 2024)

Kubik v Polish Judicial Authority [2024] EWHC 2772 (Admin) (31 October 2024)

Khan, R (On the Application Of) v Crown Court at Manchester [2024] EWHC 2730 (Admin) (31 October 2024)

Werndl v District Court In Krakow, Poland [2024] EWHC 2771 (Admin) (31 October 2024)

Orsos v Tribunal of Pecs Hungary (Rev1) [2024] EWHC 2766 (Admin) (31 October 2024)

Davies, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2024] EWHC 2711 (Admin) (31 October 2024)

District Court of Bratislava (Slovakia) v Soltes [2024] EWHC 2754 (Admin) (30 October 2024)

Abacus Land 1 (HoldCo 1) Ltd & Ors v Secretary of State for Housing, Communities and Local Government [2024] EWHC 2753 (Admin) (30 October 2024)

Milewska v Regional Court of Bialystok, Poland [2024] EWHC 2760 (Admin) (30 October 2024)

Green v Secretary of State for Levelling Up, Housing and Communities & Ors [2024] EWHC 2723 (Admin) (29 October 2024)

High Court (Commercial Court)

NMC Health Plc v Ernst & Young LLP (No. 1) [2024] EWHC 2792 (Comm) (01 November 2024)

NMC Health Plc v Ernst & Young LLP (No. 2) [2024] EWHC 2793 (Comm) (01 November 2024)

NMC Health Plc v Ernst & Young LLP (No. 3) [2024] EWHC 2794 (Comm) (01 November 2024)

Capgemini UK PLC v Dassault Systemes UK Ltd [2024] EWHC 2728 (Comm) (01 November 2024)

SATA Internacional – Azores Airline SA v Hi Fly Ltd [2024] EWHC 2762 (Comm) (31 October 2024)

SIA Investment Industry v Pardus Wealth Ltd [2024] EWHC 2774 (Comm) (31 October 2024)

Filatona Trading Ltd & Anor v Quinn Emanuel Urquhart & Sullivan UK LLP (Re Costs) [2024] EWHC 2751 (Comm) (30 October 2024)

Corfield v Howard [2024] EWHC 2727 (Comm) (30 October 2024)

Source: www.bailii.org

Stevie Martin: The Decriminalisation and Regulation of Assisted Suicide in England and Wales: Acknowledging and Addressing the Slippery Slope Argument – UK Constitutional Law Association

Posted November 5th, 2024 in assisted suicide, human rights, medical treatment, news by sally

‘The introduction of Kim Leadbeater’s Private Member’s Bill which will, if enacted, legalise assisted suicide for “Terminally Ill Adults” in England and Wales has, unsurprisingly, drawn significant commentary from many quarters, including some legal academics and practitioners. This is despite the fact that, as yet, Leadbeater’s Bill has not been published.’

Full Story

UK Constitutional Law Association, 5th November 2024

Source: ukconstitutionallaw.org

A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) – Quarterly Medical Law Review

Posted November 5th, 2024 in medical treatment, news, personal injuries, vicarious liability, witnesses by sally

‘A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB).’

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Quarterly Medical Law Review , 28th October 2024

Source: 1corqmlr.com

Law firms treating AML training as “tick-box exercise” – Legal Futures

‘Many law firms treat anti-money laundering (AML) training as a “tick-box exercise”, the Solicitors Regulation Authority (SRA) has found.’

Full Story

Legal Futures, 5th November 2024

Source: www.legalfutures.co.uk

Professional bodies should regulate legal AI, say lawyers – Law Society’s Gazette

Posted November 5th, 2024 in artificial intelligence, legal profession, news, reports by sally

‘More than two thirds of lawyers say that professional bodies such as the Law Society should take responsibility for regulating the use of artificial intelligence in law – though 18% say that the government should have a role too. The findings emerge from the 2024 Future of Professionals report by legal information giant Thomson Reuters, published today.’

Full Story

Law Society's Gazette, 4th November 2024

Source: www.lawgazette.co.uk

Smoking to be banned outside schools and hospitals in England, but pubs get reprieve – The Guardian

Posted November 5th, 2024 in bills, health, hospitals, licensed premises, news, school children, smoking by sally

‘Smoking is set to be banned outside schools and hospitals in England as part of a crackdown on one of the UK’s biggest killers and its most common cause of cancer.’

Full Story

The Guardian, 5th November 2024

Source: www.theguardian.com

Coroner says lack of beds putting patients at risk – BBC News

Posted November 5th, 2024 in hospitals, inquests, mental health, news by sally

‘A coroner has said action could have been taken to prevent the death of a 76-year-old man from Norfolk.’

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BBC News, 5th November 2024

Source: www.bbc.co.uk

‘Our husbands were killed by the new asbestos’ – BBC News

Posted November 5th, 2024 in bereavement, health & safety, industrial injuries, news by sally

‘The widows of two stonemasons who died from a lung condition contracted during their work have warned of the dangers of “new asbestos”. Paul Gray and Stuart Johnson, who worked for the same stone production companies in Bradford and Leeds, were diagnosed with silicosis caused by silica dust. Law firm Irwin Mitchell, which secured settlements for their families after their deaths in 2019 and 2021, has claimed that West Yorkshire is a hotspot for exposure to the dangerous mineral.’

Full Story

BBC News, 4th November 2024

Source: www.bbc.co.uk

Why Britain’s biggest unsolved mass murder is being revisited 50 years on – BBC News

‘One night 50 years ago, on 21 November 1974, five men boarded a train from Birmingham New Street station heading for the Lancashire port of Heysham to catch a ferry to Belfast. They were going to the funeral of an IRA bomber who had blown himself up in Coventry the week before. The train left shortly before 8pm. Around 20 minutes later, a bomb exploded at a pub in Birmingham city centre called The Mulberry Bush. It was followed by a second explosion at The Tavern in the Town, another pub nearby. Twenty-one people were killed and 220 injured. The five men who had left the city by train – and a friend who waved them off at the station – were detained hours later on suspicion of being behind the bombings. They would become known as the Birmingham Six.’

Full Story

BBC News, 4th November 2024

Source: www.bbc.co.uk

Leasehold notes – RTM notices and Rule 13 costs – Nearly Legal

Posted November 4th, 2024 in costs, landlord & tenant, leases, news, service charges by sally

‘A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27. The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on “each person who is a landlord under a lease of the whole or any part of the premises”.’

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Nearly Legal, 3rd November 2024

Source: nearlylegal.co.uk

Rent determinations – Appeals – Nearly Legal

Posted November 4th, 2024 in health & safety, landlord & tenant, news, rent by sally

‘A note on a couple of Upper Tribunal appeals of FTT determinations of rent – because there may be more of these applications and determinations when the Renters’ Rights Bill comes into force…
Kensington Avenue Ltd v Curlin (LANDLORD AND TENANT – RENT DETERMINATION – fair rent – s.70 Rent Act 1977 – sufficiency of reasons for FTT decision on open market rent and comparable properties) (2024) UKUT 341 (LC)’

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Nearly Legal, 3rd November 2024

Source: nearlylegal.co.uk

Gabriel Tan: A confused approach to irrationality: Oakley and Sneddon v Secretary of State for Justice – UK Constitutional Law Association

Posted November 4th, 2024 in appeals, constitutional law, Ministry of Justice, news, parole, prisons by sally

‘On 28 October 2024, the Court of Appeal handed down its eagerly-awaited judgment in Oakley and Sneddon v Secretary of State for Justice, concerning the proper approach to cases where the Secretary of State rejects advice from the Parole Board to transfer prisoners to open prison conditions.’

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UK Constitutional Law Association, 4th November 2024

Source: ukconstitutionallaw.org

Assisted Suicide on the NHS would breach the ECHR – UK Human Rights Blog

Posted November 4th, 2024 in assisted suicide, doctors, health, human rights, news by sally

‘In this guest post, Rajiv Shah argues that the provision of assisted suicide in the England and Wales via the NHS would constitute a substantive breach of the negative obligation imposed on the State under Article 2 of the ECHR.’

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UK Human Rights Blog, 1st November 2024

Source: ukhumanrightsblog.com

End of lifetime licences for rehabilitated IPP offenders – Ministry of Justice

Posted November 4th, 2024 in news, parole, rehabilitation, release on licence, sentencing, time limits by sally

‘Around 1,800 rehabilitated offenders still under indefinite probation oversight for abolished Imprisonment for Public Protection (IPP) sentences, years after completing their prison terms, will have this supervision lifted today (1 November 2024).’

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Ministry of Justice, 1st November 2024

Source: www.gov.uk

Recovering adult social care charges via insolvency administration orders – Local Government Lawyer

Posted November 4th, 2024 in administration orders, bankruptcy, costs, debts, news by sally

‘Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one’

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Local Government Lawyer, 1st November 2024

Source: www.localgovernmentlawyer.co.uk

Whistleblowing: Detriment and Dismissal Cases – Local Government Lawyer

‘In the second session of our Autumn/Winter Employment Series, Nick Bidnell-Edwards and Safia Tharoo provide a concise review of whistleblowing law for detriment and dismissal claims, including recent developments, followed by practical tips on how to bring and to defend the claims.’

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Local Government Lawyer, 1st November 2024

Source: www.localgovernmentlawyer.co.uk